Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
55A - RESO FOR RELOCATION LEGACY SQUARE PROJECT
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2020 TITLE ADOPT A RESOLUTION TO APPROVE THE RELOCATION PLAN FOR THE LEGACY SQUARE PROJECT AT 609 NORTH SPURGEON STREET /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: _••e• 9 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For ,K•�►nl►tr».ic•� FILE NUMBER RECOMMENDED ACTION Adopt a resolution to approve the Relocation Plan for the Legacy Square affordable housing project located at 609 North Spurgeon Street in Santa Ana, CA. DISCUSSION On January 15, 2019, the City Council authorized the City Manager to execute a pre -commitment letter with National Community Renaissance ("National CORE"), with Mercy House Living Centers as the service provider, for $3,170,547.00 in Inclusionary Housing Funds for the development of an affordable housing project called Legacy Square ("Project") located at 609 N Spurgeon Street. The Project is fully entitled following adoption of a Mitigated Negative Declaration Resolution by City Council on February 5, 2019. The Project will include 93 affordable units, a community room, and a flexible non-residential space. Since obtaining City Council approval of the funding and entitlements for this project, National CORE has obtained additional funding from the State of California, including funding from the No Place Like Home program. With approval by the City Council on February 4, 2020, National CORE most recently submitted a funding application for an amount not to exceed $30 million from the Affordable Housing and Sustainable Communities Grant Program. Based on California law, when state funds are provided to a project which would lead to the displacement of people from their homes and/or business, the legislative body must approve a Relocation Plan. The draft Legacy Square Project Relocation Plan (Exhibit 1) has been prepared in conformance with applicable provisions of California Relocation Assistance Law and Relocation Guidelines and the Uniform Relocation and Real Property Acquisition Policies Act of 1970 ("URA"). This Relocation Plan is required due to the necessary demolition of the existing structures and the two current Project occupants will need to be permanently relocated. The needs and characteristics of the displaced population, available relocation resources, and National CORE's program to provide assistance to each affected person are general subjects of the Relocation Plan. National CORE is utilizing Overland, Pacific & Cuter, Inc. as their relocation consultant for the Relocation Plan and services. 55A-1 Resolution to Approve the Relocation Plan for the Legacy Square Project April 21, 2020 Page 2 The current occupants that will need permanent relocation are Iglesia Avivamiento and LaGran Consecha Sobernatural Church, two local non-profit faith -based organizations. Both churches have been interviewed and provided informational notices of the Relocation Plan in accordance with State and Federal requirements. The churches were also informed of the City Council meeting on April 21, 2020 and a copy of the draft Relocation Plan was provided for their review. The occupants will not be displaced without 90 days' notice and efforts made to locate a suitable relocation site for each church. National CORE recognizes that eviction is permissible only as a last resort. Eviction will only take place in cases of nonpayment of rent, serious violation of the rental agreement, a dangerous or illegal act on the premises, or if the churches refuse all reasonable offers to move. National CORE will provide relocation benefits in accordance with URA and California Law and Guidelines. Both churches will be provided relocation assistance, including advisory services, moving costs, and re-establishment services provided by National CORE and their relocation consultant. Specifically, National CORE will pay benefits to the claimants upon submission of required claim forms and documentation in accordance with their approved procedures described in the Relocation Plan. The two occupants will have two options with respect to claims for relocation assistance benefits: 1) compensation for actual reasonable and necessary moving and related expenses; or 2) a fixed payment not to exceed $40,000. The total estimated relocation cost for this Project for National CORE is an amount not to exceed $80,000. The resolution (Exhibit 2) will approve the Relocation Plan for the development of the Legacy Square Project and thereby authorize National CORE to implement their Relocation Plan and begin demolition of the existing buildings on the site for their Project. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy C (provide that Santa Ana residents, employees, artists and veterans received priority for affordable housing created under the City's Housing Opportunity Ordinance or with City funding to extent allowed under state law) and Objective #6 (focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT There is no fiscal impact associated with this action. Exhibits: 1. Relocation Plan 2. Resolution 55A-2 EXHIBIT 1 Enhancing Lives Through Infrastructure LEGACY SQUARE PROJECT RELOCATION PLAN Prepared for: National Community Renaissance 9065 Haven Avenue Suite 100 Rancho Cucamonga, CA 91730 (909)483-2444 Prepared by: Overland, Pacific & Cutler, LLC 1 Jenner, Suite 200 Irvine, California 92618 (949)951-5263 March 17, 2020 55A-3 TABLE OF CONTENTS INTRODUCTION PROJECT AREA DESCRIPTION PROJECT AREA LOCATION........................................................................2 PROPERTY DESCRIPTION..........................................................................3 COMMERCIAL RELOCATION IMPACT AND REPLACEMENT RESOURCES COMMERCIAL PROJECT OCCUPANTS....................................................4 COMMERCIAL REPLACEMENT SITES.....................................................4 COMMERCIAL RELOCATION PROGRAM PROGRAM ASSURANCES AND STANDARDS........................................6 NON-RESIDENTIAL RELOCATION ASSISTANCE PROGRAM .............6 PAYMENT OF RELOCATION BENEFITS..................................................10 RELOCATION TAX CONSEQUENCES.......................................................I I NOTICES......................................................................................................... I I EVICTION POLICY........................................................................................12 HVIMIGRATION STATUS..............................................................................12 PRIVACY OF RECORDS...............................................................................13 APPEALS POLICY.........................................................................................13 CITIZEN PARTICIPATION...........................................................................13 PROJECTED DATE OF DISPLACEMENT..................................................14 ESTIMATED RELOCATION COSTS...........................................................14 TABLES TABLE 1: AVAILABLE REPLACEMENT SITES FOR LEASE ................5 TABLE 2: AVAILABLE REPLACEMENT SITES FOR PURCHASE ........ 6 EXHIBITS EXHIBIT A INFORMATIONAL STATEMENT EXHIBIT B GENERAL INFORMATION NOTICE 55A-4 INTRODUCTION National Community Renaissance (Developer) has proposed the Legacy Square Project (Project), which will involve acquisition and demolition of the existing structures located at 609 N. Spurgeon Street, Santa Ana, CA 92701 (Project site), to facilitate new construction of a four-story building with 93 units of affordable housing, including one manager's unit. New units will be offered to tenants at 30% - 60% Area Median Income (AMI). The proposed Project site is a parcel with two buildings, one of which is vacant and one that is occupied by multiple religious organizations. For the Project to move forward, the non-residential occupants will be permanently relocated and any existing structures will be demolished to clear the site for new construction. There is a Development Agreement (ground lease) between the Developer and the Santa Ana United Methodist Church (Project site owner). Through a NOFA process, the City of Santa Ana has awarded the Project non-federal funds and project -based vouchers for which there will be a regulatory agreement restricting the units to Low -Income households. The Developer has also applied for AHSC funding from HCD and has secured No Place Like Home Funding from the County of Orange for which a regulatory agreement will restrict the units. Finally, the Developer will apply for 4% tax credits and has applied for ARP funds. The Developer has retained Overland, Pacific & Cutler, LLC (OPC) to prepare a Relocation Plan (Plan). The purpose is to provide the Developer with information regarding the potential impact of the proposed Project on the affected non-residential occupants. The Plan provides: • the results of a needs assessment survey of these occupants • a study of available, commercial replacement sites and resources • an overview of the Developer's proposed relocation program The Plan also sets forth policies and procedures necessary to conform with statutes and regulations established by the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended (URA), California Government Code 7260 (Law) and Title 25, California Code of Regulations Chapter 6, Article 1, Section 6000 et seq. (Guidelines). The Plan is organized into three main sections. The first provides an overview of the Project area and Project description. The second section describes the potential relocation impact on, and needs of, the current occupants of the proposed site. It also examines the replacement relocation resources available to meet the needs of the current occupants. The final section presents the Developer's relocation program, including the appropriate legal assurances and relevant policies. Several appendices substantiate information included in this Plan. National Community Renaissance Legacy Square Project Relocation Plan 1 55A-5 PROJECT AREA DESCRIPTION Project Area Location The Project is located in the City of Santa Ana within Orange County. Santa Ana is located approximately 32 miles southeast of Los Angeles and is easily accessible by Interstate 5 and State Routes 22 and 55. Adjacent communities include, Orange, Tustin, Irvine, Fountain Valley, Westminster and Garden Grove (Figure 1: Regional Project Location.) Glendale Pasadena C Azusa Rancho _ Q Covina Cucamonga Fontana rp Los Angeles m West Covina Ontario 5T Pomona 6loomr East Los C] City of Q ow Angeles ndustry Chino Q ® ,t Jurupa Valley Riw I s� a3 Downey Q:Ei Chino Hills Norco Brea Q Mate Park Campton Yorha Linda et 4 © Fullerton Corona Lakewood g' e Anaheim EI cerritn Lake Ma the Z°' Estelle � M(�untarr 609 North Reserve Long Beach z, Spurgeon street Terminal zb1 Silverado Island 55 Q Tec Irvine Huntington "1 Beach Lake Forest Newport Beach 3 Mission Viejo Figure 1: Project Area Regional Map National Community Renaissance Legacy Square Project Relocation Plan 2 55A-6 Property Description The Project site is 1.74 acres located at 609 N. Spurgeon Street and is generally bounded by Civic Center Drive E to the north, French Street to the east, E. Santa Ana Boulevard to the south, and N. Spurgeon Street to the west. The site is improved with two non-residential structures, one vacant and one occupied. Figure 2 below is an area map showing the project site location. -- Santa Ana Blvd - ar Figure 2: Project Area Local Map National Community Renaissance Legacy Square Project Relocation Plan 55A-7 COMMERCIAL RELOCATION IMPACT AND REPLACEMENT RESOURCES Assessment of Needs A needs assessment survey was conducted for the purpose of understanding the characteristics and relocation needs of the non-residential occupants affected by the proposed project. This information was obtained by conducting interviews with the project occupants in late December 2018 and again in late February 2020. Relocation staff was also able to visit the site to conduct a tour of the operations and evaluation of equipment and personal property to be moved. Non -Residential Project Occupants At the time of the interviews, there were three non-residential occupants identified on the Project site, Santa Ana United Methodist Church (SAUMC), Iglesia Avivamiento, and LaGran Consecha Sobernatural Church. SAUMC is the current property owner, and due to the voluntary nature of the acquisition, SAUMC as an owner -occupant is not eligible for relocation assistance. SAUMC leases space approximately 10,700 square feet within the church to the two other religious organizations on a daily/hourly basis, who would be eligible for relocation assistance. Both provide space for their congregations to meet in the sanctuary and chapel spaces and utilize classrooms and office/storage space as well. Both organizations also have access to significant parking (150- 200 spaces). One organization pays $2,250 plus electric per month to utilize the upper five rooms of space, and the other organization pays $5,790 per month to utilize approximately 80% of the entire space. There are no full-time or part-time employees other than the pastors, although both organizations utilize volunteers. The replacement site requirements indicated by the pastors include lease and purchase options, adequate space for the congregation, preference for a single -story building, access to public transportation, pedestrian access, 150-200 parking spaces and to be in proximity to their congregations who live in Santa Ana, Anaheim and Garden Grove. They will require outside specialists to assist with the relocation and installation of the organs and audio/visual equipment, and the security and internet equipment. Commercial Replacement Sites When searching for replacement locations, zoning and other regulatory issues must be considered carefully, with a targeted church -related or allowable use as the focus. The search for available properties for lease was conducted in Santa Ana and surrounding communities. The resources utilized included: classified ads, the internet, multiple listing services and brokerage services. There were 12 available spaces identified ranging from 1,500 SF — 8,480 SF. Rents ranged from $2,024/month - $24,592/month, and the available units are within 10 miles from the church's current location. Specific results of the search are listed in Table 1 on the following page. TABLE 1: AVAILABLE REPLACEMENT SITES FOR LEASE National Community Renaissance Legacy Square Project Relocation Plan 4 55A-8 Address Square Footage Monthly Rent Type 141 E 16th Street, Costa Mesa 1,659 $2,98620 Industrial 141 E 16th Street, Costa Mesa 2,055 $3,699.00 Industrial 141 E 16th Street, Costa Mesa 2,266 $4,078.80 Industrial 1745 N Grand Avenue, Santa Ana 1,500 $2,550.00 Raw Space 330 E Orangethorpe Avenue, Placentia 2,250 $2,475.00 Industrial 5061 Warner Avenue, Santa Ana 1,935 N/A Retail 8201 Orangethorpe Avenue, Santa Ana 1,704 $2,044.80 Industrial 141 E 16th Street, Costa Mesa 7,586 $13,654.80 Industrial 1911 Carnegie Avenue, Santa Ana 8,294 $13,685.10 Flex 3240 Susan Street, Santa Ana 8,480 $24,592.00 Industrial 1773 W Lincoln Avenue, Anaheim 8,000 Upon Request Industrial 18342-18352 Enterprise Lane, Huntington Beach 8,320 Upon Request Industrial An additional search was conducted for church properties for sale, as both pastors indicated an interest in purchasing a replacement site as well. Nine properties within 10 miles were identified with list prices ranging from $785,000 - $2,700,000. Specific results of the search are listed in Table 2 on the following page. National Community Renaissance Legacy Square Project Relocation Plan 55A-9 TABLE 2: AVAILABLE REPLACEMENT SITES FOR PURCHASE Address Square Footage List Price Type 607 N Tustin Street, Orange 1,984 $2,195,000 Retail 1537 E McFadden Avenue, Santa ana 2,500 $785,000 industrial 2429 W Ball Road, Anaheim 2,550 $2,700,000 Retail/Restaurant 283 N Rampart Street, Orange 2,843 N/A 393 N Cypress Street, Orange 2,850 $2,200,000 Flex 401-409 S Magnolia Avenue, Anaheim 3,000 $1,180,000 Retail 17552 Griffin Lane, Huntington Beach 7,700 $2,204,000 Industrial 1707 S Main Street, Santa Ana 6,090 $1,125,000 Retail 530 E 4th Street, Long Beach 8,000 $2,550,000 Retail At the time of displacement, ongoing referrals to the pastors will be provided. COMMERCIAL RELOCATION PROGRAM Program Assurances and Standards There are adequate funds to relocate the non-residential occupants. Services will be provided to ensure that displacement does not result in different or separate treatment of displacees based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the Federal Fair housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. The occupants will not be displaced without 90 days' notice and efforts made to locate a suitable relocation site for the business. Non -Residential Relocation Assistance Program As a function of a comprehensive relocation assistance program, relocation staff will provide the displaced occupants with required technical and advisory assistance and distribute all required notices and the informational handbook (Exhibit A). Close contact will be maintained with the pastors. The Developer will provide relocation benefits in accordance with URA and California Law and Guidelines. The Developer will pay benefits to the claimants upon submission of required claim forms and documentation in accordance with The Developer's approved procedures. National Community Renaissance Legacy Square Project Relocation Plan 6 55A-10 Eligible non-residential occupants will have two options with respect to claims for relocation assistance benefits: 1) compensation for actual reasonable and necessary moving and related expenses; or 2) a fixed payment not to exceed $40,000 ($20,000 for State Guidelines). 1. Payment for Actual Reasonable and Necessary Moving and Related Expenses Any non-residential occupant, who qualifies as a displaced person, is entitled to payment for such actual moving expenses, as the Developer determines to be reasonable and necessary, including expenses for: a. Transportation of persons and property from the present location to the replacement location (transportation costs for a distance beyond 50 miles are not eligible, unless the Developer determines that relocation beyond 50 miles is justified); b. Packing, crating, uncrating, and unpacking personal property; C. Disconnecting, dismantling, removing, reassembling, and installing relocated and substitute machinery, equipment and other personal property. Includes connection to utilities available nearby and modifications necessary to adapt such property to the replacement structure or to the utilities or to adapt the utilities to the personal property; d. Storage of personal property for a period not to exceed 12 months, unless the Developer determines that a longer period is necessary; e. Insurance of personal property while in storage or transit and the replacement value of property lost, stolen, or damaged (not through the fault or negligence of the displaced person) in the process of moving, where insurance is not readily available; I. Any license, permit, or certification required by the displaced business, to the extent that the cost is necessary for reestablishment at the replacement location. (These costs may be pro -rated based on the remaining useful life of any existing license, permit or certification); g. Reasonable and pre -authorized professional services, including architects', attorneys', engineers' fees, and consultants' charges, necessary for: (1) planning the move of the personal property; (2) moving the personal property; or, (3) installing the relocated personal property at the replacement location; h. Professional services performed prior to the purchase or lease of a replacement site to determine its suitability for the business operation including, but not limited to, soil testing, feasibility and marketing surveys; National Community Renaissance Legacy Square Project Relocation Plan 55A-11 The purchase and installation of substitute personal property limited to the lesser of: (1) an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the Developer, subject to certain limitations, or, (2) the replacement cost, less any proceeds from its sale or trade in; j. Connection to available nearby utilities from the right-of-way to improvements at the replacement site; k. The modification of machinery, equipment or other personal property necessary to adapt these to the replacement location or to utilities available at the replacement location; Relettering signs and replacing stationary on hand at the time of displacement that is made obsolete as a result of the move; in. Actual direct losses of tangible personal property resulting from moving or discontinuing a business or non-profit organization, not -to -exceed the lesser of: (1) the fair market value of the property for continued use at its location prior to displacement less any proceeds from sale of the property; or, (2) an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the Developer, subject to certain limitations; n. Actual and reasonable expenses incurred in searching for a replacement business or non-profit organization location, not -to -exceed $2,500 ($1,000 for State Guidelines), and including compensation for transportation expenses; time spent searching for a reasonable location, meals, and lodging; real estate broker or agent fees; time spent in obtaining permits and attending zoning hearings; and time spent negotiating the purchase of a replacement site; o. Impact fees or one-time assessments for anticipated heavy utility usage p. Low Value/High Bulk: when the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the Developer, the allowable moving cost payment shall not exceed the lesser of: (1) the amount which would be received if the property were sold at the site or (2) the replacement cost of a comparable quantity delivered to the new business location. Examples of personal property covered by this provision include, but are not limited to, stockpiled sand, gravel, minerals, metals and other similar items of personal property as determined by the Developer; q. A Reestablishment allowance of up to $25,000 ($10,000 for State Guidelines), available to farms, nonprofit organizations and small businesses with no more than 500 employees. Reestablishment allowance payments are made in addition to compensation provided for actual, reasonable and necessary moving expenses. Reestablishment allowance expense categories include but are not limited to: National Community Renaissance Legacy Square Project Relocation Plan 55A-12 1) Repairs or improvements to the replacement property as required by Federal, State or local law, code or ordinance; 2) Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting business; 3) Construction and installation costs for exterior signing to advertise the business; 4) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint paneling or carpeting; 5) Advertisement of replacement location; 6) Estimated increased costs of operation during the first two years at the replacement site for such items as: a. Lease or rental charges b. Personal or real property taxes c. Insurance premiums, and d. Utility charges, excluding impact fees 7) Other items essential to the reestablishment of the business. 2. Self -Moves If the displacee elects to take full responsibility for the move of the business, the Developer will make a payment for the business's moving expenses in an amount not to exceed the lower of two acceptable bids or estimates submitted to the Developer. At the Developer's discretion, a payment for a low cost or uncomplicated move may be based on a single bid or estimate. 3. A Fixed Payment in Lieu of a Payment for Actual Reasonable Moving and Related Expenses The option to claim a fixed payment enables both for -profit and non-profit businesses to receive relocation assistance compensation without providing documentation of bids and actual expenses. The payment amount available to any individual business is based on an average of annual net earnings over a two-year period. For businesses which have not been in operation for two years, income figures can be annualized. The method for establishing income is through tax returns and/or certified financial statements. The payment to an eligible business may not be less than $1,000, or more than $40,000 ($20,000 per State Guidelines). To qualify for this payment, it must be determined that, a displaced business: National Community Renaissance Legacy Square Project Relocation Plan 55A-13 • owns or rents personal property, which must be moved in connection with such displacement and for which an expense would be incurred in such move; • is not operated at the displacement site solely for the purpose of renting the dwelling or site to others; • cannot be a part of a commercial enterprise having at least three other establishments which are not being acquired by the Developer, and which is under the same ownership and engaged in the same or similar business activities; • must not be able to relocate without substantial loss of patronage; and • contributed materially, as defined by the Developer, to the income of the displaced person during the two taxable years prior to displacement. Payment of Relocation Benefits Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the displacing entity within eighteen (18) months from: (i) the date the claimant moves from the acquired property; - or — (ii) the date on which final payment for the acquisition of real property is made, whichever is later. Procedures for preparing and filing claims and processing and delivering of payments will be as follows: 1. Claimant to provide all necessary documentation to substantiate eligibility for assistance. 2. Assistance amounts will be determined in consultation with the Developer and required claim forms prepared by relocation staff in consultation with claimant. 3. Original signed claims supported by documentation and relocation staff recommendation will be submitted to the designated the Developer staff member or his/her designee. 4. Payments will be prepared and delivered to relocation staff for distribution. Payments will be delivered personally by relocation staff, unless circumstances dictate otherwise. When payments cannot be personally delivered, they will be sent by certified mail. 5. Payment receipts and other signed acknowledgments will be obtained by relocation staff and kept in the case file. 6. Unless otherwise instructed by the Developer, relocation staff will not deliver final payments until the project site premises occupied by the claimant has been completely vacated. 7. The Developer may provide an advance payment, when necessary, in order to assist with the securing of the replacement site. National Community Renaissance Legacy Square Project Relocation Plan 10 55A-14 Relocation Tax Consequences In general, relocation payments are not considered income for the purpose of Division 2 of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986 (Title 26, U. S. Code), or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act (42 U. S. Code 301 et seq.) or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part II (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. The above statement on tax consequences is not intended as tax advice by the Developer. Displacees are responsible for consulting with their own tax advisors concerning the tax consequences of relocation payments. Notices Each notice, which the Developer is required to provide to a Project occupant, shall be personally delivered or sent by certified or registered first-class mail, return receipt requested and documented in the case file. Each notice will be written in plain, understandable language. Persons who are unable to read and understand any notice will be provided with appropriate translation and counseling. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. There are three principal notices: 1) the General Information Notice 2) the Notice of Relocation Eligibility, and 3) the Ninety -Day Vacate Notice. The General Information Notice (GIN) is intended to provide potential relocatees with a general written description of the Developer's relocation program and basic information concerning benefits, conditions of eligibility, noticing requirements and appeal rights (Exhibit B). The GIN is issued as early as is feasible in the initial stages of a Project, preferably, the planning stage. A GIN was mailed via general and certified mailing on November 16, 2018 to the site occupants. A Notice of Relocation Eligibility (NOE) will be distributed to the non-residential relocatee. The NOE to business operators acknowledges the recipient's eligibility for assistance and right to make claims for relocation assistance benefits. The NOE is expected to be issued to the business owner once all project funding is in place. No lawful occupant will be required to move without having received at least 90 days advance written notice of the earliest date by which the move will be necessary. The 90-day vacate notice will either state a specific date as the earliest date by which the occupant may be required to move or state that the occupant will receive a further notice indicating, at least 30 days in advance, the specific date of the required move. In addition to the three principal notices, relocation staff will issue timely written notification in the form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration date for the loss of benefits to those persons who: 1) are eligible for monetary benefits, National Community Renaissance Legacy Square Project Relocation Plan 11 55A-15 2) have moved from the acquired property, and 3) have not filed a claim for benefits. Reminder Notices will be issued periodically throughout the qualification period. An attempt shall be made to make written contact with all non -responsive relocatees no later than within the last six months prior to the filing expiration date. Eviction Policy The Developer recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. Eviction will only take place in cases of nonpayment of rent, serious violation of the rental agreement, a dangerous or illegal act on the premises, or if the business refuses all reasonable offers to move. If the business is evicted for cause, this may result in the loss of all potential relocation benefits for the business. Immigration Status Pursuant to the Public Law 105-117, in order to be eligible to receive non-residential relocation benefits in federally -funded projects, in the case of an unincorporated business, each owner must be either a citizen or national of the United States, or an alien who is lawfully present in the United States. The owner of a sole proprietorship and all owners of a partnership must provide information regarding their lawful presence in the United States, and a for -profit or a non-profit corporation must certify that it is authorized to conduct business within the United States. Owners of sole proprietorships or partnerships, who are not lawfully present in the United States, or who decline to provide this information, are not eligible for relocation assistance, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is detfined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Displacing Agency to negatively affect the alien's spouse, parent or child. However, the Developer will pay benefits to a non -legally present, but otherwise eligible, business owner with non-federal funds. In order to track and account for relocation assistance and benefit payments, the Developer will be required to seek immigration status information from each sole proprietor and/or partner having them self -certify as to their legal status. Privacy of Records All information obtained from displacees is considered confidential and will not be shared without the consent of the displacee or the Developer. Relocation staff will comply with federal regulations concerning the safeguarding of relocation files and their contents. Appeals Policy A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, or the Developer's property management practices may file a Relocation Assistance Appeal Form or any other written form of appeal with the Developer and have the right of administrative review. National Community Renaissance Legacy Square Project Relocation Plan 12 55A-16 The Developer's appeal policies will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines and the Developer's Relocation Policy and Procedures Plan. Requests for administrative review and informal hearings will be directed to the Developer's Executive Vice President. All requests for review will receive written responses from the Developer within three weeks of their receipt. If an informal appeal is denied, appellants will be entitled to file a written request for a formal hearing before an impartial and independent hearing officer. The appellant does not have to exhaust administrative remedies first; the appeal/grievance can either go directly to the Developer, directly to HCD or directly to the Court. Any person and/or organization directly affected by the relocation plan may petition the Department of Housing and Community Development (HCD), located at 2020 West El Camino Ave., Sacramento, CA 95833 to review the relocation plan. More detail concerning the appeals process will be provided upon request. Appellants will retain their appeal rights for up to 18 months following the date of displacement from the Project premises or receipt of final payment for relocation benefits, whichever is later. Citizen Participation SAUMC and the Developer have held monthly meetings the last Sunday of each month for several months as outreach to the community and the two religious organizations on site. Meetings were held at the Church on July 19th, August 26th, September 23rd, October 28th, and December 2nd. Flyers were posted onsite to provide meeting details. A range of 30 to 50 residents and congregation members have typically attended the monthly meetings. As required by the City's Sunshine Ordinance, the Developer also held a public meeting on the evening of November 27, 2018. This meeting was publicly noticed in the OC Register, posted on the City's website and at the Church, and invitation mailers were sent to all addresses within a 500-foot radius of the Project site, as well as local community organizations. The meeting included a presentation on the Project as well as a question and answer period to address concerns and collect feedback. Approximately 50 individuals attended the meeting. The two Project tenants attended this meeting in -person as well. As the process for considering the Project moves forward, the Developer will observe the following protocol: 1. Provide the affected tenants with full and timely access to documents relevant to the relocation program; and 2. Encourage meaningful participation in reviewing the Relocation Plan and monitoring the relocation assistance program; and 3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials. Projected Dates of Displacement The tenants will receive a minimum of a 90-day notice to vacate before they are required to move. The Developer anticipates this notice will not be issued earlier than March 2020. National Community Renaissance Legacy Square Project Relocation Plan 13 55A-17 Estimated Relocation Costs The Developer anticipates using funding from multiple sources as described earlier in this Plan. Any and all required financial assistance will be provided to any eligible person or non-residential occupant displaced by the Project. The total estimated relocation cost for this project is $80,000. This estimate should not be interpreted as firm, "not to exceed," or actual entitlement costs. The estimate is based on the data obtained through the occupant interviews, replacement site availability, estimated moving costs, and the judgment and experience of the OPC staff. The estimate does not include any compensation for Fixtures & Equipment/Improvements Pertaining to Realty or include any provision for professional fees necessary for appraisals or to implement the Relocation Assistance Program. National Community Renaissance Legacy Square Project Relocation Plan 14 55A-18 EXHIBIT A INFORMATIONAL NOTICE NON-RESIDENTIAL 55A-19 Relocation Assistance Informational Statement For Business, Farm & Nonprofit (Federal) Displacing Agency National Community Renaissance Project Name: Legacy Square Project Displacing Agency Representative: O PC 3750 Schaufele Avenue, Suite 150 Long Beach, CA 90808 Phone: (800) 400-7356 Spanish speaking agents are available. Si necesita esta informacion en espanol, por favor (lame a su agente. 55A-20 Informational Statement for Business, Farm & Non -Profit Fe77 ral) Introduction The property on which you now conduct your business is in an area to be improved by, or financed through, the Displacing Agency using federal funds. If and when the project proceeds, and it is necessary for you to move your business, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don't provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of OPC to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE THE PROPERTY. However, if you desire to move sooner than required, you must contact your relocation agent at OPC so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency's relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. Summary of Available Relocation Assistance: A. Advisory assistance to explain the relocation process, the related eligibility requirements, the procedures for obtaining reimbursement for moving expenses and referrals to suitable replacement locations B. Payment for your moving expenses. You may receive one of the following options Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or Option 2: A Fixed Payment In Lieu of a Payment for Actual Moving and Related Expenses C. Other help to reestablish your business and minimize the impact of the move including help in preparing claim forms to request relocation payments. If you disagree with the Displacing Agency's decision as to your right to a relocation payment, or the amount of the payment, you may appeal that decision. 55A-21 GENERAL RELOCATION QUESTIONS 1. How Will I Know I Am Eligible for Relocation Assistance? Ordinarily, eligibility begins on the date the owner of the property receives the Displacing Agency's initial written offer to purchase the property. Therefore, you should not move before that date or receiving a notice of eligibility. If you do, you may not be eligible for relocation assistance. 2. How Will the Displacing Agency Know How Much Help I Need? You will be contacted at an early date and personally interviewed by an agent of the Displacing Agency. The interviewer will want to get information about your current operation, as well as identify movable personal property and non -movable improvements, determine your needs and preferences for a replacement location, estimate the time required to vacate the premises and your need for advance payments. During the interview, you may want to discuss other issues relative to your move. It is to your advantage to provide as much information as possible so that the Displacing Agency, through its relocation agent, can assist you in moving with a minimum of hardship. The information you give will be kept in confidence. 3. How Soon Will I Have to Move? Every reasonable effort will be made to provide you with sufficient time to find a suitable replacement location and reestablish your business. If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for the property (e.g., your occupancy would present a health or safety emergency), you will not be required to move without at least 90 days advance written notice. It is important, however, that you keep in close contact with the Displacing Agency so that you are aware of the time schedule for carrying out the project and the approximate date by which you will have to move. 4. I Own the Property. Will I Be Paid for It Before I Have to Move? If you reach a voluntary agreement to sell your property to the Displacing Agency, you will not be required to move before you receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you cannot be required to move before the estimated fair market value of the property has been deposited with the court. (You should be able to withdraw this amount immediately, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property). S. Will I Have to Pay Rent to the Displacing Agency Before I Move? You may be required to pay a fair rent to the Displacing Agency for the period between the acquisition of your property and the date that you move. Your rent and the terms of your tenancy will be generally the same as in the prior arrangement. 6. How Will I Find a Replacement Location? Your relocation agent will provide you with current and continuing information on available replacement locations that meet your needs. You will also be provided with the names of local real estate agents and brokers who can assist you in finding the type of replacement location you 55A-22 require. However, you are urged to take an active role in identifying, and relocating to, a location of your choice. No one knows your needs better than you do. You will want a facility that provides sufficient space for your planned activities. You will also want to ensure that there are no zoning or other requirements which will unduly restrict your planned operations. Your relocation agent will explain which kind of moving costs are eligible for reimbursement and which are not eligible. That will enable you to carry out your move in the most advantageous manner. 7. What Other Assistance Will Be Available to Help Me? In addition to help in finding a suitable replacement location, your relocation agent will help you secure the services of outside specialists, as necessary, to plan the move, as well as provide assistance during the actual move and in the reinstallation of machinery and/or other personal property. The range of services depends on the needs of the business being displaced. You should ask the Displacing Agency's relocation agent to tell you about the specific services that will be available to you. S. I Have a Replacement Location and Want to Move. What Should I Do? Before you make any arrangements to move, notify the Displacing Agency's relocation agent, in writing, of your intention to move. This should be done at least 30 days before the date you begin your move. The Displacing Agency will discuss the move with you and advise you of the relocation payment(s) for which you may be eligible, the requirements to be met, and how to obtain a payment. 9. I Plan to Discontinue My Business Rather than Move. What Should I Do? If you have decided to discontinue your business rather than reestablish it, you may still be eligible to receive a payment. Contact the Displacing Agency's relocation agent and discuss your decision to discontinue your business. You will be informed of the payment, if any, for which you may be eligible, the requirements to be met, and how to obtain your payment. 10. What Kinds of Payments for Moving Expenses Will I Receive? Every business is eligible for a relocation payment to cover the reasonable cost of moving. Assuming you meet certain eligibility criteria, you may choose one of the following options: Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or Option 2: A Fixed Payment In Lieu of Moving and Related Expenses These payment options are described below: Option 1: Payment for Actual Reasonable Moving and Related Expenses If you choose a Payment for Actual Reasonable Moving and Related Expenses, you may claim the cost of: Transportation of personal property. Transportation costs for a distance beyond 50 miles are not eligible, unless the Displacing Agency determines that relocation beyond 50 miles is justified. 55A-23 2. Packing, crating, unpacking, and uncrating of the personal property. 3. Disconnecting, dismantling, removing, reassembling, and reinstalling relocated machinery, equipment, and other personal property, and certain substitute personal property. This includes connection to utilities available within the building. It also includes modifications to the personal property, including those mandated by Federal, State or local law, code or ordinance, necessary to adapt it to the replacement structure, the replacement site, or the utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property. 4. Storage of the personal property determined to be necessary by the Displacing Agency, not to exceed 12 months, unless the Displacing Agency determines that a longer period is warranted. 5. Insurance for the replacement value of the personal property in connection with the move and necessary storage. 6. The replacement value of property lost, stolen or damaged in the process of moving (not through fault or negligence of the displaced person, his or her agent or employee), where insurance covering such loss, theft or damage is not reasonably available. 7. Any license, permit, fees or certification required of your business at the replacement location. However, the payment may be based on the remaining useful life of the existing license, permit, fees or certification. 8. Reasonable and preauthorized professional services, the Displacing Agency determines to be necessary for (i) planning the move of the personal property, (ii) moving the personal property, and (iii) installing the relocated personal property at the replacement location. 9. Re -lettering signs and replacing stationary on hand at the time of displacement that is made obsolete as a result of the move. 10. Actual direct loss of tangible personal property incurred as a result of moving or discontinuing your business. The payment will consist of the lesser of: (i) The fair market value in place of the item, as is for continued use at the displacement site, less the proceeds from its sale. (To be eligible for payment, you must make a good faith effort to sell the personal property, unless the Displacing Agency determines that such effort is not necessary. When payment for property loss is claimed for goods held for sale, the fair market value will be based on the cost of the goods to the business, not the potential selling price.); or (ii) The estimated cost of moving the item as is, but with no allowance for storage; or for reconnecting a piece of equipment if the equipment is in storage or not being used at the acquired site. (If you elect to discontinue your business, the estimated cost will be based on a moving distance of 50 miles.) 11. Purchase of substitute personal property. If an item of personal property which is used as part of your business is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, you will be entitled to payment for the lesser of: 55A-24 (i) The cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the sale or trade-in of the replaced item; or (ii) The estimated cost of moving and reinstalling the replaced item but with no allowance for storage. At the Displacing Agency's discretion, the estimated cost for a low cost or uncomplicated move may be based on a single bid or estimate. 12. The reasonable cost incurred in attempting to sell an item that is not to be relocated. 13. Searching for a replacement location. Your business is entitled to reimbursement for actual expenses, not to exceed $2,500 as the Displacing Agency determines to be reasonable, which are incurred in searching for a replacement location including: i) Transportation ii) Meals and lodging away from home. iii) Time spent searching, based on reasonable salary or earnings. iv) Fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase of such site. v) Time spent in obtaining permits and attending zoning hearings; and vi) Time spent negotiating the purchase of a replacement site based on a reasonable salary or earnings. 14. When the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the Displacing Agency, the allowable moving cost payment shall not exceed the lesser of: the amount which would be received if the property were sold at the site or the replacement cost of a comparable quantity delivered to the new business location. 15. Other related moving expenses as the Displacing Agency determines to be reasonable and necessary, including: i) Connection to available nearby utilities from the right-of-way to improvements at the replacement site; ii) Professional services performed prior to the purchase or lease of a replacement site to determine its suitability for your business operation, including but not limited to soil testing, feasibility and marketing studies (excluding any fees or commissions directly related to the purchase or lease of such site). At the Displacing Agency's discretion, a reasonable pre -approved hourly rate may be established iii) Impact fees or one-time assessments for anticipated heavy utility usage, as determined by the Displacing Agency. The Displacing Agency's relocation agent will explain all eligible moving costs, as well as, those which are not eligible. You must be able to account for all costs that you incur, so keep all your receipts. The Displacing Agency will inform you of the documentation needed to support your claim. You may minimize the amount of documentation needed to support your claim, if you elect to "self -move" your property. Payment for a self -move is based on the amount of an acceptable 55A-25 low bid or estimate obtained by the Displacing Agency. If you self -move, you may move your personal property using your own employees and equipment or a commercial mover. If you and the Displacing Agency cannot agree on an acceptable amount to cover the cost of the self -move, you will have to submit full documentation in support of your claim. You may elect to pay your moving costs yourself and be reimbursed by the Displacing Agency or, if you prefer, you may have the Displacing Agency pay the mover directly. In either case, let the Displacing Agency's relocation agent know before you move. The Displacing Agency agent can help you select a reliable and reputable mover. When a payment for "actual direct loss of personal property" or "substitute personal property" is made for an item, the estimated cost of moving the item may be based on the lowest acceptable bid or estimate obtained by the Displacing Agency. If not sold or traded -in, the item must remain at the old location and ownership of the item must be transferred to the Displacing Agency before you may receive the payment. In addition to the reimbursable expenses described above, a small business, farm or non-profit organization may be eligible to receive a payment of up to $25,000 for expenses actually incurred in relocating and reestablishing its operation at a replacement site. Eligible expenses must be reasonable and necessary, as determined by the Displacing Agency. They may include but are not limited to the following: 1. Repairs or improvements to the replacement real property as required by federal, state or local law, code or ordinance. 2. Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business. 3. Construction and Installation costs for exterior signage to advertise the business. 4. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or carpeting. 5. Advertising of replacement location. 6. Estimated increased costs of operation during the first 2 years at the replacement site, for such items as: a. Lease or rental charges b. Personal or real property taxes c. Insurance premiums, and d. Utility charges (excluding Impact fees) 7. Other items that the Displacing Agency considers essential to the reestablishment of the business. The following is a non-exclusive listing of reestablishment expenditures not considered to be reasonable, necessary or otherwise eligible: • Purchase of capital assets, such as, office furniture, filing cabinets, and machinery or trade fixtures. 55A-26 • Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation. • Interest costs associated with any relocation expense or the purchase of replacement property. • Payment to a part-time business in the home which does not contribute materially to the household income. Option 2: Fixed Payment In Lieu of a Payment for Actual Reasonable Moving and Related Expenses A displaced business, non-profit organization or farm may be eligible to choose a fixed payment in lieu of the payments for actual moving and related expenses and actual reasonable reestablishment expenses. The payment may not be less than $1,000.00 or more than $40,000.00. For a business or farm, the payment is based on the average annual net earnings before Federal, State and local income taxes during the 2 taxable years immediately prior to the taxable year in which it was displaced. For a non-profit organization, the payment is based on the average of 2 years annual gross revenues less administrative expenses. In order to qualify for this payment, the Displacing Agency must determine that: 1. The business owns or rents personal property which must be moved in connection with the displacement and for which an expense would be incurred in such move, and the business vacates or relocates from its displacement site. 2. The business cannot be relocated without a substantial loss of existing patronage (clientele or net earnings). 3. The business is not a part of a commercial enterprise having more than three other entities which are not being acquired by the Displacing Agency, and which are engaged in the same or similar business activities. 4. The business is not operated at the displacement dwelling/site solely for the purpose of renting such dwelling/site to others. 5. The business contributed materially to the income of the displaced person during the two (2) taxable years prior to displacement. If the business or farm was not in operation for the full two years prior to displacement, the net earnings are based on the actual period of operation at the acquired site projected to an annual rate. Average net earnings may be based on a different period of time when the Displacing Agency determines it to be more equitable. Net earnings include any compensation paid to the owners of the business, a spouse or dependents. Proof of net earnings must be furnished to the Displacing Agency through income tax returns, certified financial statements, or other reasonable evidence which the Displacing Agency determines is satisfactory. For a qualified non-profit organization, gross earnings may include membership fees, class fees, cash donations, tithes and receipts from sales or other forms of fund collection that enables the non-profit organization to operate. Administrative expenses are those for administrative support such as rent, utilities, salaries, advertising and other like items as well as fund raising expenses. Operating expenses for carrying out the purposes of the non-profit organization are not included 55A-27 in administrative expenses. The monetary receipts and expense amounts may be verified with certified financial statements or financial documents required by public agencies. The Displacing Agency will inform you as to your eligibility for this payment option and the documentation you must submit to support your claim. Remember, when you elect to take this payment option you are not entitled to reimbursement for any other movino expenses. i.e. Option A described above. 11. I Own an Outdoor Advertising Display. What Relocation Payment Will I Receive? As the owner of an outdoor advertising display, you are eligible for a Relocation Payment For Actual Reasonable Moving and Related Expenses. You are not eligible to receive a Payment In Lieu of a Payment For Actual Reasonable Moving and Related Expenses. If you choose not to relocate or replace the sign, the payment for "direct loss of personal property" would be the lesser of: (1) the depreciated reproduction cost of the sign, as estimated by the Displacing Agency, less the proceeds from its sale, or (2) the estimated cost of moving the sign without temporary storage. The Displacing Agency will inform you as to the exact costs that may be reimbursed. 12. How do I Receive a Relocation Payment? You must file a claim for a relocation payment. The Displacing Agency's relocation agent will provide you with the required claim forms, assist you in completing them, and explain the type of documentation that you must submit in order to receive your relocation payments. If you must pay any relocation expenses before you move (e.g., because you must provide a security deposit if you lease your new location), discuss your financial needs with the Displacing Agency. You may be able to obtain an advance payment. An advance payment may be placed in "escrow" to ensure that the move will be completed on a timely basis. If you are a tenant, you must file your claim within 18 months after the date you move. If you own the property, you must file within 18 months after the date you move, or the date you receive the final acquisition payment, whichever is later. However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18 months, the Displacing Agency may extend this period. You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified, in writing, of the problem and the action you may take to resolve the matter. 13. Non -Discrimination No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti -discrimination laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. 55A-28 14. Appeals Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Displacing Agency's Relocation Assistance Program may have the appeal application reviewed by the Displacing Agency in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 15. Tax Status of Relocation Benefits California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax -related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein) 16. Lawful Presence Requirement Pursuant to the Public Law 105-117, in order to be eligible to receive non-residential relocation benefits in federally -funded projects, in the case of an unincorporated business, each owner must be either a citizen or national of the United States, or an alien who is lawfully present in the United States. The owner of a sole proprietorship and all owners of a partnership must provide information regarding their lawful presence in the United States, and a for -profit or a non-profit corporation must certify that it is authorized to conduct business within the United States. Owners of sole proprietorships or partnerships, who are not lawfully present in the United States, or who decline to provide this information, are not eligible for relocation assistance, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Displacing Agency to negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the number of owners with certified lawful presence in the United States. 17. Additional Information If you have further questions after reading this brochure, please contact the Displacing Agency's relocation agent at OPC. 55A-29 EXHIBIT B GENERAL INFORMATION NOTICE 55A-30 December 20, 2018 <<NAM E>> The La Gran Consecha Sobernatural Church 12051 Bayport St Apt 1-103 Garden Grove. CA 9280 RE: General Information Notice — Non -Residential Tenant to be Displaced 55A-31 Dear The La Gran Consecha Sobernatural Church National Community Renaissance (called here the "Developer") is interested in acquiring the property you currently occupy at 609 N Spurgeon St Santa Ana, CA 92701 as part of a proposed affordable housing project, the Santa Ana United Methodist Church Development Project ("Project') which may receive federal funding assistance. The purpose of this notice is to inform you that you may be displaced as a result of the proposed project. This notice also serves to inform you of your potential rights as a displaced person under Federal and/or State law known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and California Relocation Assistance Law (Sec 7260 et. Seq. of the CA Government Code. However, you do not have to move now. This is not a notice to vacate the premises or a notice of relocation eligibility. If the Developer moves forward with the proposed Project, and you are eligible for relocation assistance, you will be given advisory services including referrals to replacement sites, and at least 90 days advance written notice of the date you will be required to move. You would also receive either a payment for actual moving and reestablishment expenses, or, a fixed payment in lieu of a payment for actual moving and reestablishment expenses. You will also have the right to appeal the determination, if you feel that your application for assistance was not properly considered. (NOTE: Pursuant to Public Law 105-117, aliens not lawfully present in the United States are not eligible for relocation assistance, unless such ineligibility would result in exceptional hardship to a qualifying spouse, parent, or child. All persons seeking relocation assistance will be required to certify that they are a United States citizen or national, or an alien lawfully present in the United States.) Please be advised that you should continue to pay your rent and meet any other obligations as specified in your lease agreement. Failure to do so may be cause for eviction. If you choose to move or if you are evicted prior to receiving a formal notice of relocation eligibility, you will not be eligible to receive relocation assistance. It is important for you to contact us before making any moving plans. Again, this is not a notice to vacate the premise and does not establish your eligibility for relocation payments or assistance at this time. If it is determined that you will be displaced and are required to vacate the premises in the future, you will be informed in writing. In the event that the proposed project does not proceed or if you are determined not displaced, you will also be notified in writing. If you have any questions regarding this notice or the proposed project, please contact Courtney Richard at909-215-5322. Sincerely, Courtney Richard Relocation Manager 55A-32 Delivery Method: Certified Mail Delivered on/by: Received by X Posted on/by: /. Recipient's Signature Date Mailed/receipt received on: 55A-33 EXHIBIT 2 ROH — 04/21 /20 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR THE PROPERTY LOCATED AT 609 N. SPURGEON STREET, SANTA ANA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On January 15, 2019, the City Council approved and authorized a pre - loan commitment letter and a Project -Based Vouchers Housing Assistance Payments Contract for an affordable housing project called Legacy Square ("Project") located 609 N. Spurgeon Street, Santa Ana. The Project will provide 93 affordable units, non-residential flex space and a community room. B. Since obtaining City Council approval of the funding and the Project, the Developer has obtained additional funding from the State of California, including funding from the No Place Like Home (NPLH) program, and recently submitted a funding application to the Affordable Housing and Sustainable Communities Program (Cap & Trade). C. Based on California Law, when State funds are provided to a project, which would lead to the displacement of people from their homes and/or business, the legislative body must approve a relocation plan. D. The Project Relocation Plan has been prepared in conformance with applicable provisions of California Relocation Assistance Law and Relocation Guidelines as well as United States Department of Housing and Urban Development (HUD) regulations. E. This plan is required due to the necessary demolition of the existing structures, and the permanent displacement of all current occupants located at 609 N. Spurgeon Street, Santa Ana. The needs and characteristics of the displaced population, available relocation resources, and the Developer's program to provide assistance to each affected person are general subjects of the Relocation Plan. The original Relocation Plan was completed in January of 2019, and was updated in March of 2020 as the Project is close to commencing. 55A-34 Resolution No. 2020- Section 2: On February 5, 2019, in accordance with the California Environmental Quality Act (CEQA), the City Council adopted a resolution approving Mitigated Negative Declaration Environmental Review No. 2018-134 required for this Project. Section 3: The City Council hereby approves the Relocation Plan for the Property located at the aforementioned addresses, and the establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2020. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan b. F46dge Assistant City Attorney /G\7�91 Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel Pulido Mayor 55A-35 Resolution No. 2020- CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A-36 Resolution No. 2020-